A win for the Obama administration would inhibit Congress’s ability to affect foreign policy, said Marc Stern, the general counsel for the American Jewish Committee, which filed an amicus brief on behalf of Zivotofsky. Such an outcome could have an immediate impact by, for example, limiting congressional ability to restrict the dimensions of a nuclear deal with Iran, Stern said.
Lewin said she was not concerned that a decision, even one that goes against her client, would have such broad ramifications. The current court has been known for narrowly casting its decisions and avoiding far-reaching constitutional conclusions.
“I don’t see this court writing an opinion giving the executive branch such broad power in foreign policy that it cuts out Congress from that role,” said Lewin, the daughter of seasoned Supreme Court lawyer Nat Lewin.
Lewin did acknowledge, however, that the ruling could have far-reaching import for Jews and their attachment to Jerusalem.
“Getting this practice changed is very important psychologically, regardless of separation of powers,” she said. “And this case has raised awareness. Before this, many people were unaware that the formal position of the United States is not recognizing Israel’s capital as Jerusalem.”
(JTA)
